Court No. - 36
Case :- WRIT - A No. - 18968 of 2019
Petitioner :- Begraj Singh
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Sengar Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
The petitioner is before this Court questioning the validity of the transfer order dated 06.11.2019 passed by respondent no.2.
Learned counsel for the petitioner has pointed out lot of personal inconvenience that would be caused to him in case he is forced to join at the transferred place.
Learned Standing Counsel has vehemently opposed the writ petition and submits that there is hardly any scope of interference with the order impugned in view of the dictum of Apex Court in the cases of Mrs. Shilpi Bose and others Vs. State of Bihar and others 1995 (71) FLR 1011 (SC); State of U.P. Vs. Gobardhan Lal AIR (2004) SC 2165; Union of India and others Vs. Janardhan Debanath and another (2004) 4 SCC 245 and S.C. Saxena Vs. Union of India and others (2006) 9 SCC, page 583.
Transfer and posting are within the domain of the authority concerned and it is for the authority to decide and determine as to where an incumbent is to be posted and as to where his/her services are to be best utilized. The issue of convenience and inconvenience is also be examined by the authority concerned and not by this Court.
In view of this, as far as this Court is concerned, this Court cannot come to rescue of the petitioner and remedy of petitioner is to represent his claim before the respondent no.2 and in case such a representation is moved within ten days from today, the same be decided, in accordance with law, preferably within next three weeks from the date of receipt of representation along with certified copy of this order, subject to the condition that petitioner should first go and join at the place where he has been transferred, as per the law laid down by Apex Court in the case of S.C. Saxena (Supra).
With the above observations/directions, present writ petition is disposed of.
Order Date :- 28.11.2019
A. Pandey